Gross v. Molmar Bus Transportation Co.

Appellate Division of the Supreme Court of New York

Gross v. Molmar Bus Transportation Co.

3 A.D.2d 703, 159 N.Y.S.2d 724, 1957 N.Y. App. Div. LEXIS 6416

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1957·Published

Opinion

We find the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. Accordingly the judgment appealed from is modified pursuant to the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to $30,000 (see Leonard v. Frantz Co., 268 App. Div. 144, 148). Judgment unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Valente, McNally and Bastow, JJ.

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We find the judgment entered herein by the court below sitting without a jury is sustained by the record, except for the damages awarded, which are excessive. Accordingly the judgment appealed from is modified pursuant to the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to $30,000 (see Leonard v. Frantz Co., 268 App. Div. 144, 148). Judgment unanimously modified accordingly and, as so modified, affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Valente, McNally and Bastow, JJ.

Gross v. Molmar Bus Transportation Co., 3 A.D.2d 703, 159 N.Y.S.2d 724, 1957 N.Y. App. Div. LEXIS 6416 (N.Y. Ct. App. 1957).

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